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(영문) 서울고등법원 2019.11.13 2019누36614

교원소청심사위원회결정취소

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal, including the part arising from the supplementary participation, are all assessed against the Plaintiff.

Reasons

1. Details of the decision;

A. The Plaintiff is a school foundation that operates the E University (hereinafter “instant University”).

The Intervenor joining the Defendant (hereinafter referred to as the “ Intervenor”) was appointed as a full-time lecturer at the University on March 1, 199 and was appointed as an associate professor on April 1, 2002 and on April 1, 201 as an associate professor on April 1, 201, and was reappointed on April 1, 201 as “from April 1, 2011 to March 31, 2017”; the Intervenor C was reappointed on March 1, 1992 as a full-time lecturer at the University and was appointed as an associate professor on April 1, 201 to an associate professor on April 1, 201, and the period of appointment from April 1, 201 to April 31, 201 to an associate professor on April 31, 2019; and the Intervenor was appointed as a new assistant professor on April 1, 2019 to an 319.”

B. On September 1, 2016, the Plaintiff amended part of the articles of incorporation on September 1, 2016, following the resolution of the board of directors, as indicated below [Attachment 1]. [Attachment 1] Before the amendment of the articles of incorporation, Article 39-2 of the articles of incorporation (Appointment of teachers under Article 39(2) of the articles of incorporation) (Appointment of teachers under Article 39(2) of the articles of incorporation shall be made within the following scope:

1. Service period;

(a) Professor: Guarantee of retirement age;

(b) Associate professors: Period determined by contract;

(c) Assistant professor: A period determined by contract;

(d) High school teachers with industry-academic cooperation: Where the period determined by a contract is re-appointed in accordance with Article 39-7 (Appointment of teachers as of January 1, 2002, who are appointed pursuant to the previous provisions, and currently hold office as of January 1, 2002) (referring to the period of appointment in the case of appointment in the case of appointment by setting a period pursuant to the previous Private School Act; hereinafter the same shall apply).

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